Cutler Corp. v. Latshaw

97 A.2d 234 (1953)

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Nature of the Case

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Facts

Latshaw (D) contracted in writing with Cutler (P) for work to be done to her home on Philadelphia. Dissatisfied with the work, D ordered P to cease until the defects were corrected. P then confessed judgment against D. D petitioned for the judgment to be stricken; the lower court made the rule absolute and D appealed. The contract consisted of five form sheets, and the warrant of attorney was on the reverse side in very small type in which paragraph number six was the warrant. The reverse sheet carried the word Specifications with a continued in parentheses, but none were continued onto that side even though they eventually went over onto five different sheets. The issue was if D authorized the warrant of attorney.